AMI 110 Two or More Defendants—Rights Are Separate
Ark. Model Jury Instr., Civil AMI 110
Arkansas Model Jury Instructions-Civil
December 2023 Update
Chapter 1. Introductory Instructions
AMI 110 Two or More Defendants—Rights Are Separate
Although there is more than one defendant in this action, it does not follow from that fact alone that if one is at fault, [both][all] are at fault. Each is entitled to a fair consideration of [his][or][her] own defense and is not to be adversely affected by your findings with respect to the other(s). The instructions and the evidence govern the case as to each defendant, insofar as they are applicable to that defendant, to the same effect as if [he][or][she] were the only defendant in the action. You will decide each defendant's case separately as if each were a separate lawsuit.
NOTE ON USE
This instruction should not be given when the fault of one defendant may be imputed to another.
COMMENT
In Beaumont v. Robinson, 282 Ark. 181, 668 S.W.2d 514 (1984), the trial court properly instructed the jury that the plaintiffs' claims should be treated as separate suits and that each defendant's case was to be decided separately as if each were a separate suit. See also Browne v. Dugan, 189 Ark. 551, 74 S.W.2d 640 (1934) (trial court properly instructed the jury to consider evidence and instructions applicable to each defendant regardless of whether they found against or for any of the other defendants).
© 2023 Arkansas Supreme Court Committee on Jury Instructions-Civil
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